BILL NUMBER: SB 715	CHAPTERED  02/22/00

	CHAPTER   1
	FILED WITH SECRETARY OF STATE   FEBRUARY 22, 2000
	APPROVED BY GOVERNOR   FEBRUARY 22, 2000
	PASSED THE SENATE   FEBRUARY 3, 2000
	PASSED THE ASSEMBLY   JANUARY 31, 2000
	AMENDED IN ASSEMBLY   JANUARY 26, 2000
	AMENDED IN ASSEMBLY   JULY 8, 1999

INTRODUCED BY   Senator Hughes

                        FEBRUARY 24, 1999

   An act to amend Sections 45105, 45122, 45243, 45244, 45245, 45246,
45249, 45286, and 45304 of the Education Code, relating to
classified school employees, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 715, Hughes.  Classified school employees.
   (1) Existing law requires that positions not requiring
certification qualifications created by a governing board of a school
district under special funding provisions of state or federal law,
and which are not a part of the regular school program, to be a part
of the classified service and requires persons employed in these
positions to be classified employees.  Existing law requires the
selection and retention of these employees to be made on the same
basis as that of persons selected for positions that are a part of
the regular school program.  Existing law requires that all specially
funded positions not requiring certification qualifications that are
restricted to employment of persons of low-income groups, from
designated impoverished areas, and other criteria that restricts the
privilege of all citizens to compete for employment in those
positions to be classified as restricted.
   This bill would make technical, nonsubstantive amendments to these
provisions.
   (2) Existing law provides that whenever a governing board of a
school district requires a physical examination to be taken by a
classified employee or employees, either by rule or by its direction
or the direction of its authorized district administrator; or when
classified employees are required by law to submit to a physical
examination for continuance in employment, the board is required
either to provide the required examination, cause it to be provided,
or provide the employee with reasonable reimbursement for the
required examination.
   This bill would delete an obsolete cross-reference contained in
this provision.
   (3) Existing law requires there to be appointed a personnel
commission composed of either 3 or 5 members in a school district
that has adopted the merit system.  Existing law authorizes the
governing board of a school district, by majority vote, and with the
agreement of the existing personnel commission of the district, if
that commission is in existence, to increase the membership of the
personnel commission from 3 to 5 members or to decrease the
membership from 5 to 3 members.  In a school district that has a 5
member personnel commission, existing law requires 2 members to be
appointed by the governing board of the school district and 2 members
to be nominated by the classified employees of the district who are
required to be appointed by the governing board of the district.
   This bill would delete the option of having a personnel commission
composed of 5 members.
   (4) Existing law requires a person to be a registered voter and
resident within the territorial jurisdiction of the school district
and to be a known adherent to the principle of the merit system in
order to be eligible for appointment or reappointment to the
personnel commission.
   This bill would define residence for purposes of the above
requirement.
   (5) Existing law requires the appointing power in a school
district that has adopted the merit system to submit a request in
which the probable duration of the appointment is stated whenever the
appointing power requires the appointment of a person to a position,
the duration of which is not to exceed 6 months, or, in case of an
appointment in lieu of an absent employee, is not to exceed the
authorized absence of the absent employee.
   This bill would, notwithstanding the above limitation, authorize
the personnel commission to extend this time period by not more than
one year based on a declaration of emergency by the President of the
United States or the Governor.
   (6) Existing law that is applicable to a school district that has
adopted the merit system authorizes, for reasonable causes, the
suspension of an employee without pay for not more than 30 days, with
certain exceptions, or an employee's demotion or dismissal and
requires the personnel director, within 10 days of the suspension,
demotion, or dismissal, to file written charges with the personnel
commission and give or mail to the employee a copy of the charges.
   This bill would require the school district, instead of the
personnel director, to file the charges with the personnel commission
and require the personnel director to inform the employee of his or
her appeal rights in addition to giving or mailing a copy of the
charges to the employee.
   (7) This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 45105 of the Education Code is amended to read:

   45105.  (a) Positions not requiring certification qualifications
created by a governing board of a school district under the Manpower
Development and Training Act of 1962, the Economic Opportunity Act of
1964, the Elementary and Secondary Education Act of 1965, or Section
11300 or Section 13650 of the Welfare and Institutions Code, any
future federal or state legislative enactment, or any other special
funding, and which are not a part of the regular school program
shall, nevertheless, be a part of the classified service as
established by Section 45103 or 45256.
   Persons employed in these positions shall be classified employees
and shall enjoy all of the rights, burdens and benefits accorded
other classified employees.  Their selection and retention shall be
made on the same basis as that of persons selected for positions that
are a part of the regular school program.
   (b) (1) Notwithstanding subdivision (a), if specially funded
positions are restricted to employment of persons in low-income
groups, from designated impoverished areas or other criteria which
restricts the privilege of all citizens to compete for employment in
the positions, all these positions shall, in addition to the regular
class title, be classified as "restricted."  Their selection and
retention shall be made on the same basis as that of persons selected
and retained in positions that are a part of the regular school
program, except that persons employed in the following categories of
restricted positions shall not be subject to Section 45272 or 45273:

   (A) The position of instructional aide, as defined in Section
45343.
   (B) Any other position involving personal contacts with pupils or
parents that is established to assist school-staff personnel
responsible for school-community relations; educational support
services for such areas as counseling, library or health; or the
correction or prevention of behavioral problems.
   (2) Persons employed in positions properly classified as
"restricted" shall be classified employees for all purposes except:
   (A) They shall not be accorded employment permanency under Section
45113 or 45301, whichever is applicable.
   (B) They shall not acquire seniority credits for the purposes of
Sections 45298 and 45308 or, in a district not having the merit
(civil service) system, for the purposes of layoff for lack of work
or lack of funds as may be established by rule of the governing
board.
   (C) Sections 45287 and 45289 shall not apply to "restricted"
employees.
   (D) They shall not be eligible for promotion into the regular
classified service or, in districts that have adopted the merit
system, shall not be subject to the provisions of Section 45241,
until they have complied with the provisions of subdivision (c).
   (c) At any time, after completion of six months of satisfactory
service, a person serving in a "restricted" position shall be given
the opportunity to take qualifying examinations that are required for
all other persons serving in the same class in the regular
classified service.  If the person satisfactorily completes the
qualifying examination, regardless of final numerical listing on an
eligibility list, he or she shall be accorded full rights, benefits
and burdens of any other classified employee serving in the regular
classified service.  His or her service in the regular classified
service shall be counted from the original date of employment in the
"restricted" position and shall continue even though he or she
continues to serve in a "restricted" position.
   (d) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 6 (commencing with Section 45240) of this chapter.
   (e) It is the intent of the Legislature in enacting this section
to clearly set forth that positions normally a part of the classified
service are included in the classified service regardless of the
source of income to sustain the positions and to effectively
implement specially funded programs intended to provide job
opportunities for untrained and impoverished persons but to do so in
a manner that will not be disruptive nor detrimental to the normal
employment procedures relating to classified school service.
  SEC. 2.  Section 45122 of the Education Code is amended to read:
   45122.  Whenever a governing board of a school district requires a
physical examination to be taken by a classified employee or
employees, either by rule or by its direction or the direction of its
authorized district administrator; or when classified employees are
required by law to submit to a physical examination for continuance
in employment, the board shall either provide the required
examination, cause it to be provided, or provide the employee with
reasonable reimbursement for the required examination.
   If the governing board requires a physical examination or an
examination is required by law as a condition of preemployment, it
may cause the required examination to be given.  It may, if an
applicant is required to take a preemployment physical examination,
provide for reasonable reimbursement if the applicant is subsequently
employed by the district.
   This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
  SEC. 3.  Section 45243 of the Education Code is amended to read:
   45243.  In any district that has adopted this article there shall
be appointed a personnel commission composed of three members.  If
two or more districts are under the jurisdiction of governing boards
of identical personnel, only one commission shall be appointed.  In
those cases this article shall apply alike to all of the districts,
and the expenses of the commission shall be paid out of the general
funds of all of the districts in proportion to the benefits derived
therefrom as determined by the governing board.
  SEC. 4.  Section 45244 of the Education Code is amended to read:
   45244.  (a) To be eligible for appointment or reappointment to the
commission a person shall meet both of the following requirements:
   (1) Be a registered voter and resident within the territorial
jurisdiction of the school district.
   (2) Be a known adherent to the principle of the merit system.  No
member of the governing board of any school district or a county
board of education shall be eligible for appointment, reappointment,
or continuance as a member of the commission.  During his or her term
of service, a member of the commission shall not be an employee of
the school district.
   (b) As used in this section, residence is that place in which his
or her habitation is fixed, wherein the person has the intention of
remaining, and to which, whenever he or she is absent, the person has
the intention of returning.  At a given time, a person may have only
one residence.
   (c) As used in this section, "known adherent to the principle of
the merit system," with respect to a new appointee, means a person
who by the nature of his or her prior public or private service has
given evidence that he or she supports the concept of employment,
continuance in employment, in-service promotional opportunities, and
other related matters on the basis of merit and fitness.  As used in
this section, "known adherent to the principle of the merit system,"
with respect to a candidate for reappointment, means a commissioner
who has clearly demonstrated through meeting attendance and actions
that he or she does, in fact, support the merit system and its
operation.
  SEC. 5.  Section 45245 of the Education Code is amended to read:
   45245.  One member of the personnel commission shall be appointed
by the governing board of the district and one member, nominated by
the classified employees of the district, shall be appointed by the
governing board of the district.  Those two members shall, in turn,
appoint the third member.
   As used in this section, "classified employees" shall mean an
exclusive representative which represents the largest number of
noncertificated employees in a unit or units within the district.  If
there is no exclusive representative within the district, the
governing board shall, by written rule, prescribe the method by which
the recommendation is to be made by its classified employees.
  SEC. 6.  Section 45246 of the Education Code is amended to read:
   45246.  (a) Within 30 days after adoption of the system, the
governing board shall publicly announce its intended appointee or
appointees, as appropriate, and the appointee or appointees, as
appropriate, nominated by its classified employees.  As soon after
their appointment as practicable but within 30 days, the appointed
members shall announce their intended appointee for the third member.
  They may consider the recommendations of the governing board, the
classified employees, or other concerned citizens.  If these members
do not announce their intended appointee within the 30-day period,
the Superintendent of Public Instruction shall make the appointment.

   "Adoption of the system" means, in the case of Section 45221, the
day on which a successful election is certified to the governing
board or, in the case of Section 45224, the day the governing board
approves a motion, order, or resolution to adopt the system
regardless of the date specified for operational commencement of the
system.
   (b) Where a system is already in existence and a vacancy will
exist on December 1, by not later than September 30:
   (1) The governing board shall publicly announce the name of the
person it intends to appoint or reappoint, if the vacancy is its
appointee.
   (2) The appointee of the governing board and the appointee or
appointees of the classified employees shall publicly announce the
name of the person they intend to appoint, if the vacancy is their
appointee.
   If the governing board and the classified employees of the
district are unable to agree upon a nomination by September 30, the
Superintendent of Public Instruction shall make the appointment
within 30 days.
   (c) Where a system is already in existence and a vacancy in a
position nominated by the classified employees will occur, the
classified employees shall submit the name of its nominee to the
governing board at least 30 days before the date on which the vacancy
will occur and the governing board shall appoint that nominee to be
effective on the date on which the vacancy would occur.
   (d) At a board meeting to be held after 30 and within 45 days of
the dates specified in subdivision (a) and paragraph (1) of
subdivision (b), as the case may be, the governing board in open
hearing shall provide the public and employees and employee
organizations the opportunity to express their views on the
qualifications of those persons recommended by the governing board
for appointment.
   The board at the time may make its appointment or may make a
substitute appointment or recommendation without further notification
or public hearing.
   In the case of the nominees of the classified employees, the board
shall appoint the nominee, unless the classified employees
voluntarily withdraw the name of the nominee and submit the name of a
new nominee.  In the latter case, the board then shall appoint the
new nominee.
   (e) If a vacancy exists because of a failure of the classified
employees to agree on a nominee, the board may make an emergency
appointment as authorized in subdivision (b) of Section 45248.  If
there is no personnel director, the board nevertheless may make an
emergency interim appointment under this subdivision.
   (f) At the next regularly scheduled personnel commission meeting
to be held after 30 days from adoption of the system, as specified in
subdivision (a), or at the next regularly scheduled personnel
commission meeting to be held after 30 days from the day the intended
appointee is announced, as specified in paragraph (2) of subdivision
(b), as the case may be, the appointee of the governing board and
the appointee nominated by the classified employees shall, in an open
hearing, provide the public and employees and employee organizations
the opportunity to express their views on the qualifications of each
candidate recommended for the vacancy.  Each candidate shall be
invited to this meeting.
   The appointee of the governing board and the appointee nominated
by the classified employees may make their appointment or may make a
substitute appointment or recommendation without further notification
or public hearing.
   (g) A commissioner whose term has expired may continue to
discharge the duties of the office until a successor is appointed,
but for no more than 90 calendar days.
  SEC. 7.  Section 45249 of the Education Code is amended to read:
   45249.  In a school district that has already adopted this article
on September 17, 1965, members of the personnel commission shall be
appointed by the Superintendent of Public Instruction who shall
consider the recommendation of the governing board and other
interested parties.  Subsequent appointments shall be made in
accordance with this section.
   No later than 90 days before making the appointment, the
Superintendent of Public Instruction shall notify the classified
employees and the governing board, in writing, of the vacancy on the
personnel commission and provide them with guidelines and procedures
for making a recommendation and challenging a nomination.  If a
vacancy occurs during the term of a member of the personnel
commission, the superintendent may appoint a new member after
providing the foregoing notice no later than 30 days before making
the appointment.
   A commissioner whose term has expired may continue to discharge
the duties of the office until a successor is appointed but for no
more than 90 calendar days.
   As used in this section, "classified employees" means an
organization of classified employees that represents the greatest
number of classified employees of the district as determined by the
board.  If no organization exists within the district, the governing
board, by written rule, shall prescribe the method by which the
recommendation is to be made by its classified employees.
  SEC. 8.  Section 45286 of the Education Code is amended to read:
   45286.  Whenever the appointing power shall require the
appointment of a person to a position, the duration of which is not
to exceed six months, or, in case of an appointment in lieu of an
absent employee, is not to exceed the authorized absence of said
employee, the appointing power shall submit a request in which the
probable duration of the appointment is stated.  Eligibles shall be
certified in accordance with their position on the appropriate
employment list and their willingness to accept appointment to such
position as limited-term employees.  Limited-term employees shall be
subject to conditions affecting status and tenure during and after
employment that the commission may by rule determine.
Notwithstanding these limitations on the duration of these positions,
the commission may, based on a declaration of an emergency by the
President of the United States or the Governor, authorize an
extension that may not exceed one year.  The duties of the extended
position must be related to the emergency.
  SEC. 9.  Section 45304 of the Education Code is amended to read:
   45304.  (a) For reasonable causes, an employee may be suspended
without pay for not more than 30 days, except as provided in this
section, or may be demoted or dismissed.  In this case, the school
district shall, within 10 days of the suspension, demotion, or
dismissal, file written charges with the commission.  The personnel
director shall give to the employee or deposit in the United States
registered mail with postage prepaid, addressed to the employee at
his or her last known place of address, a copy of the charges and
inform the employee of his or her appeal rights.
   (b) Whenever an employee of a school district or county office of
education is charged with a mandatory leave of absence offense, as
defined in subdivision (a) of Section 44940, the governing board of
the school district shall immediately place the employee upon a
compulsory leave of absence for a period of time extending for not
more than 10 days after the date of entry of the judgment in the
proceedings.  Once the employee is placed on leave of absence, he or
she is subject to the provisions of Section 44940.5.
   (c) Whenever an employee of a school district or county office of
education is charged with an optional leave of absence offense, as
defined in subdivision (b) of Section 44940, the governing board of
the school district may immediately place the employee upon a
compulsory leave of absence in accordance with the provisions of
Section 44940.5.
  SEC. 10.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order for the provisions of this act to be applicable as soon
as possible and thereby increase the efficiency of provisions of the
Education Code pertaining to classified employees of a school
district at the earliest possible time, it is necessary for this act
to take effect immediately.
